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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
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Customary Law
Rwanda
- EnglishThe State has the duty to safeguard and promote national values based on cultural traditions and practices so long as they do not conflict with human rights, public order and good morals.
… (Art. 47) - KinyarwandaLeta ifite inshingano zo kurengera no guteza imbere indangagaciro z'Igihugu zishingiye ku mibereho no ku mitekerereze ndangamuco ndetse no ku biranga umuco w’Igihugu muri rusange, mu gihe bitabangamiye uburenganzira bwa muntu, ituze rusange rya rubanda n’imyifatire ndangabupfura.
… (Ingingo ya 47) - FrenchL’Etat a le devoir de sauvegarder et de promouvoir les valeurs nationales fondées sur les traditions et pratiques culturelles dans la mesure où elles ne sont pas contraires aux droits de la personne, à l’ordre public et aux bonnes mœurs.
… (Art. 47)
Customary Law
Uganda
- English…
2. If any other law or any custom is inconsistent with any of the provisions of this Constitution, the Constitution shall prevail, and that other law or custom shall, to the extent of the inconsistency, be void. (Art. 2)
Customary Law
Zimbabwe
- EnglishAn Act of Parliament must provide for the following, in accordance with the prevailing culture, customs, traditions and practices of the communities concerned—
(a) the appointment, suspension, succession and removal of traditional leaders;
(b) the creation and resuscitation of chieftainships; and
(c) the resolution of disputes concerning the appointment, suspension, succession and removal of traditional leaders; but—
(i) the appointment, removal and suspension of Chiefs must be done by the President on the recommendation of the provincial assembly of Chiefs through the National Council of Chiefs and the Minister responsible for traditional leaders and in accordance with the traditional practices and traditions of the communities concerned;
(ii) disputes concerning the appointment, suspension and removal of traditional leaders must be resolved by the President on the recommendation of the provincial assembly of Chiefs through the Minister responsible for traditional leaders;
(iii) the Act must provide measures to ensure that all these matters are dealt with fairly and without regard to political considerations;
(iv) the Act must provide measures to safeguard the integrity of traditional institutions and their independence from political interference. (Sec. 283)
Customary Law
South Sudan
- EnglishThe sources of legislation in South Sudan shall be:
a. this Constitution;
b. customs and traditions of the people;
c. the will of the people; and
d. any other relevant source. (Art. 5)
Customary Law
Ghana
- EnglishThe National House of Chiefs shall—
(a) advise any person or authority charged with any responsibility under this Constitution or any other law for any matter relating to or affecting chieftaincy;
(b) undertake the progressive study, interpretation and codification of customary law with a view to evolving, in appropriate cases, a unified system of rules of customary law, and compiling the customary laws and lines of succession applicable to each stool or skin;
(c) undertake an evaluation of traditional customs and usages with a view to eliminating those customs and usages that are outmoded and socially harmful;
(d) perform such other functions, not being inconsistent with any function assigned to the House of Chiefs of a region, as Parliament may refer to it. (Art. 272)
Customary Law
Benin
- English
The State recognizes traditional leadership [chefferie], guardian of habits [us] and customs [,] within the conditions established by the law. (Art. 151-1)
- French
L’Etat reconnait la chefferie traditionnelle gardienne des us et coutumes dans les conditions fixées par la loi. (Art. 151-1)
Customary Law
Nigeria
- English(1) There shall be a Court of Appeal.
(2) The Court of Appeal shall consist of –
(a) a President of the Court of Appeal; and
(b) such number of Justices of the Court of Appeal, not less than forty-nine of which not less than three shall be learned in Islamic personal law, and not less than three shall be learned in Customary law, as may be prescribed by an Act of the National Assembly. (Sec. 237)
Customary Law
Gambia
- English…
(2) Subject to the provisions of subsection (5), no law shall make any provision which is discriminatory either of itself or in its effect.
…
(4) In this section, the expression "discrimination" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject, or are accorded privileges or advantages which are not accorded to persons of another such description.
(5) Subsection (2) shall not apply to any law in so far as that law makes provision—
…
(c) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
(d) for the application in the case of members of a particular race or tribe of customary law with respect to any matter in the case of persons who, under that law, are subject to that law.
… (Sec. 33)
Customary Law
Lesotho
- English1. The twenty-two offices of Principal Chief set out in Schedule 2 to this Constitution and the other offices of Chief recognised under the law in force immediately before the commencement of this Constitution shall continue to exist.
2. Parliament may make provision for the regulation of offices of chief.
3. Each Chief shall have such functions as are conferred on him by this Constitution or by or under any other law. (Sec. 103)